Text of MN HF 4021 (2024)

1.1 A bill for an act​ 1.2 relating to human rights; making changes to provisions in the Minnesota Human​ 1.3 Rights Act; providing for civil penalty and punitive damages; amending Minnesota​ 1.4 Statutes 2022, sections 363A.03, subdivisions 12, 13, 18, 29; 363A.06, subdivision​ 1.5 4; 363A.07, subdivision 4; 363A.19; 363A.28, subdivision 5; 363A.29, subdivisions​ 1.6 1, 2; 363A.33, subdivision 1, by adding subdivisions; Minnesota Statutes 2023​ 1.7 Supplement, sections 363A.02, subdivision 1; 363A.04; 363A.16, subdivision 1;​ 1.8 repealing Minnesota Statutes 2022, section 363A.03, subdivision 3.​ 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.10 Section 1. Minnesota Statutes 2023 Supplement, section 363A.02, subdivision 1, is​ 1.11 amended to read:​ 1.12 Subdivision 1. Freedom from discrimination. (a) It is the public policy of this state to​ 1.13 secure for persons in this state, freedom from discrimination:​ 1.14 (1) in employment because of one or more of the following: race, color, creed, religion,​ 1.15 national origin, sex, gender identity, marital status, disability, status with regard to public​ 1.16 assistance, sexual orientation, familial status, and age;​ 1.17 (2) in housing and real property because of one or more of the following: race, color,​ 1.18 creed, religion, national origin, sex, gender identity, marital status, disability, status with​ 1.19 regard to public assistance, sexual orientation, and familial status;​ 1.20 (3) in public accommodations because of one or more of the following: race, color,​ 1.21 creed, religion, national origin, sex, gender identity, sexual orientation, and disability;​ 1.22 (4) in public services because of one or more of the following: race, color, creed, religion,​ 1.23 national origin, sex, gender identity, marital status, disability, sexual orientation, and status​ 1.24 with regard to public assistance; and​ 1​ Section 1.​ REVISOR EB/LN 24-05638​ 02/07/24 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 4021​ NINETY-THIRD SESSION​ Authored by Frederick​ 02/19/2024​ The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law​ 2.1 (5) in education because of one or more of the following: race, color, creed, religion,​ 2.2 national origin, sex, gender identity, marital status, disability, status with regard to public​ 2.3 assistance, sexual orientation, and age.​ 2.4 (b) Such discrimination threatens the rights and privileges of the inhabitants of this state​ 2.5 and menaces the institutions and foundations of democracy. It is also the public policy of​ 2.6 this state to protect all persons from wholly unfounded charges of discrimination. Nothing​ 2.7 in this chapter shall be interpreted as restricting the implementation of positive action​ 2.8 programs to combat discrimination.​ 2.9 Sec. 2. Minnesota Statutes 2022, section 363A.03, subdivision 12, is amended to read:​ 2.10 Subd. 12. Disability. "Disability" means any condition or characteristic that renders a​ 2.11 person a disabled person. A disabled person is any person who (1) has a physical, sensory,​ 2.12 or mental impairment which materially limits one or more major life activities; (2) has a​ 2.13 record of such an impairment; or (3) is regarded as having such an impairment; or (4) has​ 2.14 an impairment that is episodic or in remission and would materially limit a major life activity​ 2.15 when active.​ 2.16 Sec. 3. Minnesota Statutes 2022, section 363A.03, subdivision 13, is amended to read:​ 2.17 Subd. 13. Discriminate. The term "discriminate" includes segregate or, separate and,​ 2.18 for purposes of discrimination based on sex, it includes sexual, or harassment.​ 2.19 Sec. 4. Minnesota Statutes 2022, section 363A.03, subdivision 18, is amended to read:​ 2.20 Subd. 18. Familial status. "Familial status" means the condition of one or more minors​ 2.21 being domiciled having legal status or custody with (1) their the minor's parent or parents​ 2.22 or the minor's legal guardian or guardians or (2) the designee of the parent or parents or​ 2.23 guardian or guardians with the written permission of the parent or parents or guardian or​ 2.24 guardians. Familial status also means the condition of one or more individuals 18 years of​ 2.25 age or older who lack the ability to meet essential requirements for physical health, safety,​ 2.26 or self-care because the individual or individuals are unable to receive and evaluate​ 2.27 information or make or communicate decisions. The protections afforded against​ 2.28 discrimination on the basis of family status apply to any person who is pregnant or is in the​ 2.29 process of securing legal custody of an individual who has not attained the age of majority.​ 2​ Sec. 4.​ REVISOR EB/LN 24-05638​ 02/07/24 ​ 3.1 Sec. 5. Minnesota Statutes 2022, section 363A.03, subdivision 29, is amended to read:​ 3.2 Subd. 29. Party in interest. "Party in interest" means the complainant, respondent, or​ 3.3 commissioner or board member.​ 3.4 Sec. 6. Minnesota Statutes 2023 Supplement, section 363A.04, is amended to read:​ 3.5 363A.04 CONSTRUCTION AND EXCLUSIVITY.​ 3.6 The provisions of this chapter shall be construed liberally for the accomplishment of the​ 3.7 purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the​ 3.8 provisions of the civil rights law or of any other law of this state relating to discrimination​ 3.9 because of race, creed, color, religion, sex, gender identity, age, disability, marital status,​ 3.10 status with regard to public assistance, national origin, sexual orientation, or familial status;​ 3.11 but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision​ 3.12 10, the administrative procedure herein provided shall, while pending, be exclusive. The​ 3.13 rights and remedies herein provided are in addition to, and shall not preclude, those available​ 3.14 at law or in equity.​ 3.15 Sec. 7. Minnesota Statutes 2022, section 363A.06, subdivision 4, is amended to read:​ 3.16 Subd. 4. Publication of case account. The commissioner may publish an account of a​ 3.17 case in which the complaint has been dismissed or the terms of settlement of a case that has​ 3.18 been voluntarily adjusted resolved with the Department of Human Rights. Except as provided​ 3.19 in other sections of this chapter, the commissioner shall not disclose any information​ 3.20 concerning efforts in a particular case to eliminate an unfair discriminatory practice through​ 3.21 education, conference, conciliation and persuasion.​ 3.22 Sec. 8. Minnesota Statutes 2022, section 363A.07, subdivision 4, is amended to read:​ 3.23 Subd. 4. Withdrawal from local commission. Notwithstanding the provisions of any​ 3.24 law or ordinance to the contrary, a person who has filed a charge with a local commission​ 3.25 may bring a civil action as provided in section 363A.34 at the following times:​ 3.26 (1) within 45 90 days after receipt of notice that the local commission has determined​ 3.27 that there is no probable cause to credit the allegations contained in the charge; receipt of​ 3.28 notice is presumed to be five days from the date of service by mail of the written notice; or​ 3.29 (2) after 45 days from the filing of the charge if a hearing has not been held or if the​ 3.30 local commission has not entered into a conciliation agreement to which the charging party​ 3​ Sec. 8.​ REVISOR EB/LN 24-05638​ 02/07/24 ​ 4.1 is a signator. The charging party shall notify the local commission of an intention to bring​ 4.2 a civil action, which shall be commenced within 90 days of giving the notice.​ 4.3 A charging party bringing a civil action shall mail by registered or certified mail a copy​ 4.4 of the summons and complaint to the local commission and upon their receipt the local​ 4.5 commission shall terminate all proceedings before the local commission relating to the​ 4.6 charge. No charge shall be filed or reinstituted with the local commission after a civil action​ 4.7 relating to the same unfair discriminatory practice has been brought unless the civil action​ 4.8 has been dismissed without prejudice.​ 4.9 Sec. 9. Minnesota Statutes 2023 Supplement, section 363A.16, subdivision 1, is amended​ 4.10 to read:​ 4.11 Subdivision 1. Personal or commercial credit. It is an unfair discriminatory practice​ 4.12 to discriminate in the extension of personal or commercial credit to a person, or in the​ 4.13 requirements for obtaining credit, because of race, color, creed, religion, disability, national​ 4.14 origin, sex, gender identity, sexual orientation, familial status, or marital status, or due to​ 4.15 the receipt of federal, state, or local public assistance including medical assistance.​ 4.16 Sec. 10. Minnesota Statutes 2022, section 363A.19, is amended to read:​ 4.17 363A.19 DISCRIMINATION AGAINST BLIND, DEAF, OR OTHER PERSONS​ 4.18 WITH PHYSICAL OR SENSORY DISABILITIES PROHIBITED.​ 4.19 (a) It is an unfair discriminatory practice for an owner, operator, or manager of a hotel,​ 4.20 restaurant, public conveyance, or other public place to prohibit a blind or deaf person or a​ 4.21 person with a physical or sensory disability from taking a service animal into the public​ 4.22 place or conveyance to aid blind or deaf persons or persons with physical or sensory​ 4.23 disabilities, and if the service animal is properly harnessed or leashed so that the blind or​ 4.24 deaf person or a person with a physical or sensory disability may maintain control of the​ 4.25 service animal.​ 4.26 (b) No person shall require a blind, physically disabled, or deaf person with a disability​ 4.27 to make an extra payment or pay an additional charge when taking a service animal into​ 4.28 any of the public places referred to in paragraph (a).​ 4.29 (c) For purposes of this section, "service animal" means a service animal as defined by​ 4.30 the federal Americans with Disabilities Act, as amended.​ 4​ Sec. 10.​ REVISOR EB/LN 24-05638​ 02/07/24 ​ 5.1 Sec. 11. Minnesota Statutes 2022, section 363A.28, subdivision 5, is amended to read:​ 5.2 Subd. 5. Alternative dispute resolution. Charging parties and respondents shall be​ 5.3 offered and may request an opportunity to resolve a charge through mediation or another​ 5.4 alternative dispute resolution process. Neutrals providing mediation and alternative dispute​ 5.5 resolution processes for parties are bound by the Code of Ethics for Court-Annexed ADR​ 5.6 Neutrals. The running of the 12-month period during which the commissioner must make​ 5.7 a determination of probable cause to credit allegations is suspended during a period of time​ 5.8 specified by the commissioner during which the parties are involved in mediation or other​ 5.9 alternative dispute resolution process that has been sanctioned by the commissioner.​ 5.10 Sec. 12. Minnesota Statutes 2022, section 363A.29, subdivision 1, is amended to read:​ 5.11 Subdivision 1. Conduct of hearings. A complaint determination issued by the​ 5.12 commissioner shall may be heard as a contested case, except that the report of the​ 5.13 administrative law judge shall be binding on all parties to the proceeding and if appropriate​ 5.14 shall be implemented by an order as provided for in subdivision 3. The party contesting the​ 5.15 determination issued by the commissioner may file a request with the commissioner to​ 5.16 appear at a hearing on the party's own behalf or through a private attorney. The commissioner​ 5.17 shall forward the request for hearing to the Office of Administrative Hearings, which shall​ 5.18 promptly set the matter for hearing. The hearing shall be conducted at a place designated​ 5.19 by the commissioner, within the county where the unfair discriminatory practice occurred​ 5.20 or where the respondent resides or has a principal place of business. The hearing shall be​ 5.21 conducted in accordance with sections 14.57 to 14.62, and is subject to appeal in accordance​ 5.22 with sections 14.63 to 14.68.​ 5.23 Sec. 13. Minnesota Statutes 2022, section 363A.29, subdivision 2, is amended to read:​ 5.24 Subd. 2. Hearings 180 days after charge Tolling during investigation. At any time​ 5.25 after 180 days from the filing of a charge, if there has been neither a finding of probable​ 5.26 cause nor of no probable cause, the charging party may file a request with the commissioner​ 5.27 to appear at a hearing on the party's own behalf or through a private attorney. The​ 5.28 commissioner shall make a determination of probable cause or no probable cause within​ 5.29 one year of the filing of a case in which the time has not been tolled. The amount of time​ 5.30 during which a case is involved in significant settlement negotiations, is being investigated​ 5.31 by another enforcement agency under a work sharing agreement, or has been referred to​ 5.32 mediation or to a local human rights commission for no fault grievance processing is not​ 5.33 counted in computing the 180 days tolled. Tolling of the time during settlement negotiations​ 5​ Sec. 13.​ REVISOR EB/LN 24-05638​ 02/07/24 ​ 6.1 requires written approval of the charging party or the party's attorney. The right of a charging​ 6.2 party to file a request for hearing does not apply in cases that have been certified as complex​ 6.3 by the commissioner within 60 days of the filing of the charge. A case may not be certified​ 6.4 as complex unless it involves multiple parties or issues, presents complex issues of law or​ 6.5 fact, or presents substantially new issues of law in the discrimination area. Within five days​ 6.6 of certifying a case as complex, the commissioner shall give notice of the certification to​ 6.7 the charging party and the respondent. The commissioner shall make a determination of​ 6.8 probable cause or no probable cause within one year of the filing of a case in which the​ 6.9 time has not been counted or a case certified as complex. Upon receipt of the request, the​ 6.10 commissioner shall review the documents and information held in the department's files​ 6.11 concerning the charge and shall release to the charging party and respondent all documents​ 6.12 and information that are accessible to the charging party and respondent under chapter 13.​ 6.13 The commissioner shall forward the request for hearing to the Office of Administrative​ 6.14 Hearings, which shall promptly set the matter for hearing. If the charging party prevails at​ 6.15 this hearing, the administrative law judge may require the respondent to reimburse the​ 6.16 charging party for reasonable attorney's fees.​ 6.17 Sec. 14. Minnesota Statutes 2022, section 363A.33, subdivision 1, is amended to read:​ 6.18 Subdivision 1. Court actions, suits by private parties, intervention. The commissioner​ 6.19 or a person may bring a civil action seeking redress for an unfair discriminatory practice​ 6.20 directly to district court. In addition, a person may bring a civil action:​ 6.21 (1) within 45 90 days after receipt of notice that the commissioner has dismissed a charge​ 6.22 because it is frivolous or without merit, because the charging party has failed to provide​ 6.23 required information, because the commissioner has determined that further use of department​ 6.24 resources is not warranted, or because the commissioner has determined that there is no​ 6.25 probable cause to credit the allegations contained in a charge filed with the commissioner;​ 6.26 (2) within 45 90 days after receipt of notice that the commissioner has reaffirmed a​ 6.27 determination of no probable cause if the charging party requested a reconsideration of the​ 6.28 no probable cause determination, or has decided not to reopen a dismissed case that the​ 6.29 charging party has asked to be reopened; or​ 6.30 (3) after 45 days from the filing of a charge pursuant to section 363A.28, subdivision 1,​ 6.31 if a hearing has not been held pursuant to section 363A.29 or if the commissioner has not​ 6.32 entered into a conciliation agreement to which the charging party is a signator. The charging​ 6.33 party shall notify the commissioner of an intention to bring a civil action, which shall be​ 6.34 commenced within 90 days of giving the notice.​ 6​ Sec. 14.​ REVISOR EB/LN 24-05638​ 02/07/24 ​ 7.1 For purposes of clauses (1) and (2), receipt of notice is presumed to be five days from​ 7.2 the date of service by mail of the written notice.​ 7.3 Sec. 15. Minnesota Statutes 2022, section 363A.33, is amended by adding a subdivision​ 7.4 to read:​ 7.5 Subd. 8. Civil penalty; punitive damages. (a) The court shall order any respondent​ 7.6 found to be in violation of any provision of sections 363A.08 to 363A.19 and 363A.28,​ 7.7 subdivision 10, to pay a civil penalty to the state. This penalty is in addition to all damages​ 7.8 recoverable at law and punitive damages to be paid to an aggrieved party. The court shall​ 7.9 determine the amount of the civil penalty to be paid, taking into account the seriousness​ 7.10 and extent of the violation, the public harm occasioned by the violation, whether the violation​ 7.11 was intentional, and the financial resources of the respondent. Any penalties imposed under​ 7.12 this provision shall be paid into the general fund of the state. In all cases where the court​ 7.13 finds that the respondent has engaged in an unfair discriminatory practice, the court shall​ 7.14 order the respondent to pay an aggrieved party, who has suffered discrimination,​ 7.15 compensatory damages, including mental anguish or suffering, in an amount up to three​ 7.16 times the actual damages sustained. In all cases, the court may also order the respondent to​ 7.17 pay an aggrieved party punitive damages pursuant to section 549.20.​ 7.18 (b) In any case where a political subdivision is a respondent, the total of punitive damages​ 7.19 awarded an aggrieved party may not exceed $25,000 and if there are two or more respondents​ 7.20 the punitive damages may be apportioned among them. Punitive damages may only be​ 7.21 assessed against a political subdivision in its capacity as a corporate entity and no regular​ 7.22 or ex officio member of a governing body of a political subdivision shall be personally​ 7.23 liable for payment of punitive damages pursuant to subdivisions 3 to 6.​ 7.24 Sec. 16. Minnesota Statutes 2022, section 363A.33, is amended by adding a subdivision​ 7.25 to read:​ 7.26 Subd. 9. Other remedies. In addition to the remedies in subdivision 8, where a case​ 7.27 involves discrimination in:​ 7.28 (1) employment, the court may order: (i) the hiring, reinstatement, or upgrading of an​ 7.29 aggrieved party who has suffered discrimination, with or without back pay; (ii) admission​ 7.30 or restoration to membership in a labor organization; (iii) admission to or participation in​ 7.31 an apprenticeship training program, on-the-job training program, or other retraining program;​ 7.32 or (iv) any other relief the court deems just and equitable; or​ 7​ Sec. 16.​ REVISOR EB/LN 24-05638​ 02/07/24 ​ 8.1 (2) housing, the court may order: (i) the sale, lease, or rental of the housing​ 8.2 accommodation or other real property to an aggrieved party who has suffered discrimination;​ 8.3 (ii) the sale, lease, or rental of a like accommodation or other real property owned by or​ 8.4 under the control of the person against whom the complaint was filed, according to the​ 8.5 terms as listed with a real estate broker, or if no such listing has been made, as advertised​ 8.6 or offered by the vendor or lessor; or (iii) any other relief the court deems just and equitable.​ 8.7 Sec. 17. REPEALER.​ 8.8 Minnesota Statutes 2022, section 363A.03, subdivision 3, is repealed.​ 8​ Sec. 17.​ REVISOR EB/LN 24-05638​ 02/07/24 ​ 363A.03 DEFINITIONS.​ Subd. 3. Board. "Board" means the state Board of Human Rights.​ 1R​ APPENDIX​ Repealed Minnesota Statutes: 24-05638​